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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Experience:  Qualified Solicitor
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I have a question regarding my rights with waterproof

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Hi, I have a question regarding my rights with waterproof clothing that I consider not fit for purpose. I purchased a new set of Galvin Green waterproof top and trousers in January 2020. The trousers are prefect but the jacket leaked the first time I wore it. My Golf Professional sent the item back and it was replaced. I wore the replacement jacket following the reintroduction of golf in the UK after the covid closure. The new jacket has since failed again and leaked. It has been sent back but now Galvin Green are stating that they have re-proofed the jacket and it should be ok. I have lost confidence in the jacket completely and have asked if they would replace it with an alternative design, even if I pay any difference in cost. They tell me at £350 this should be one of the best on the market. They have told me to try the product again and they will help if it fails again. I have zero confidence!
JA: Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?
Customer: United Kingdom
JA: What steps have you taken so far?
Customer: I have refused to accept the jacket back and have told my Golf Professional that I have no faith in the jacket as it was not fit for purpose. He agrees but says that Galvin Green won't replace it
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I have also asked to meet the Galvin Green representative to see if we can agree to compromise but this seems impossible

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

What do you specifically want to know about this, please? Please note this is not always an instant service and I may not be able to reply immediately. However, rest assured that I am dealing with your question and will get back to you today. Thanks

Customer: replied 7 days ago.
Ideally I would like Galvin Green to replace the garment with an alternative design of jacket as I have lost all confidence with this design as it has failed twice with 2 different jackets. If that is not possible I would like a refund as I consider the garment to be unfit for purpose.

Thank you very much for clarifying. Did you buy it directly from the manufacturer or through a retailer?

Customer: replied 7 days ago.
Through my local Golf Vlub Professional Shop
Customer: replied 7 days ago.
Golf Club

Thank you. Your rights are actually against the retailer, not the manufacturer, even though I appreciate that they have not done anything wrong.

When a consumer makes a purchase from a business seller, they have certain 'statutory' rights under the Consumer Rights Act 2015. If you wanted to refer to it directly, please follow this link:

https://www.legislation.gov.uk/ukpga/2015/15/contents/enacted

The Act states that goods must be:

· of satisfactory quality – they must not be faulty or damaged when received

· as described – they must match any description given at the time of purchase

· fit for purpose – they should be fit for the purpose they are supplied for

If they do not meet the above requirements, you will have certain legal remedies against the seller. Any rights against the manufacturer will only be under a manufacturer’s warranty that came with the goods. However the guarantee will only go as far as the terms it was provided under which does not necessarily provide for any refund rights.

The rights against the seller are:

1. Reject the goods and request a refund – this is known as the ‘short-term right to reject’ and must be done within 30 days of purchase or delivery.

2. Repair or replacement – this can be done within the initial 30 days, or after that if the consumer can no longer reject the goods for a refund. It is the consumer’s choice as to whether they opt for a repair or replacement. The seller is given one opportunity to provide a satisfactory repair, meaning that if a repair has failed, the goods can still be rejected for a refund, even after the initial 30 days have passed. Alternatively, if the consumer wants to keep them, they can ask for a price reduction, based on what is wrong with them.

It is also important to note that the law assumes that any issues which develop within the first 6 months of buying the goods were present at the time of purchase, unless the seller can prove otherwise. If they develop more than 6 months after purchase, it is for the buyer to prove that they were there at the time of sale.

So even if the shop have been very helpful and not at fault, you have to remember that legally, they are responsible for this rather than the manufacturer.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Customer: replied 7 days ago.
Thank you Ben, you have been most helpful

You are most welcome and all the best

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